2023 (12) TMI 1074

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....>Insolvency & Bankruptcy<br>[ Justice Rakesh Kumar Jain ] Member ( Judicial ) And [ ShreeshaMerla ] Member ( Technical ) For the Appellant : Mr. P. Jesus Moris Ravi , Advocate For the Respondent : Mr. Mayan H. Jain , Advocate ORDER Per : Justice Rakesh Kumar Jain : This appeal is directed against the order dated 06.12.2022 passed by the Adjudicating Authority (National Company Law T....

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....022 was filed for approval of the sale of the Corporate Debtor as going concern. The said application was allowed vide order dated 19.01.2023 and the liquidator was directed to disburse the consideration paid by the purchaser as per Section 53 of the Code. 5. The aforesaid order was challenged by the present appellant by way of CA (AT) (Ins) No. 33 of 2023 alongwith I.A. No. 124 of 2023 by whic....

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....appears on behalf of the Applicant. It is seen that MA/122/2021 was disposed off vide order dated 11.03.2022. IA (IBC)/1343/CHE/2022 has been filed in main MA/122/2021. Since MA/122/2021 has already been disposed off on 11.03.2022, this application has become infructuous and stands disposed off." 7. The Appellant then filed an application 18 of 2022 for restoration which was dismissed ....

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....as been filed on 04.02.2023. It is pertinent to mention that the impugned order was not passed dismissing the application for non-prosecution rather the impugned order was passed dismissing the application having been rendered infructuous, therefore, the period of limitation would start from the date of order 06.12.2022 in view of the decision of the Hon'ble Supreme Court in the case of V. Nagraja....